Driver damaged company trailer - Canada

The HST doesn't count because you get it back.
Really you would be asking the insurance company to pay out maybe 2 grand. Not really worth filing a claim. In their eyes a claim is a claim is a claim and when one is filed there's a good chance another one is to follow.

 

do you not have a trailer interchange or non owned trailer on your insurance? anytime i have ever pulled someones trailer besides my own i have always needed to have this coverage inplace before hooking up to it.

i could see there insurance saying they wont pay for it as it wasn't there insured that caused the damage?

unless you are leased to said carrier then i would have no idea how all that works.

your insurance should otherwise be the one responsible for paying. that is what insurance is there for to make the other party whole from your own negligence.

to make a long story short one time i accidentally backed my personal pickup into my other half's car, both cars are on the same insurance policy insurance paid the damage.


@calnca

 

Carrier is trying to pull something, insist that they file a claim, or get an attorney involved. But it was driver negligence, IMO

 

Ya get that attorney involved for what amounts to 2 grand out of pocket..........

Learn lesson ....move forward. Driver error is an expense.

 

Carrier doesn't want to file claim because it is their insurance and their claims history and it will be their rates that are subject to increase in the future. As mentioned by @Ezrider_48501, you should have non-owned trailer coverage from your own insurer. If you don't, well... that's a problem.

You also need your own coverage on your truck(s) for instances exactly like this;

• truck leased to carrier
• truck operating under carrier's authority and insurance
• truck pulling carrier's or carrier's customer's trailer
• truck involved in accident and damaged
• carrier doesn't want to file claim with insurer
• truck owner gets screwed

 

If the terms of the lease say that the carrier is to carry insurance, then it doesn't matter what they want to do they are obligated to file the claim. If it's not covered in the lease agreement then the op is on the hook for whatever they charge.

 

OK, I know you've been told, and your driver is in the wrong. You will not listen, but I'll respond anyway.

Your driver damaged their trailer. They do not have to raise their insurance rates to save you a few dollars.
What will happen is if you keep refusing to pay is they will sue you, you will lose, and they will get the money from taking your assets. Is it really worth all of that because you failed to keep insurance on your tractor and driver?

 

It isn't a case of him not having any insurance, it is that the insurance he had was through the carrier. He did not have his own policy; one in the name of his company. The carrier doesn't want to file a claim because it affects their record. The OP either has to pay the deductible ($5,000) or the full bill ($6,500 + tax).

 

There is enough blame to go around here I think

It's always the driver's responsibilty to check clearance, but UNLESS THERE IS A POSTED PROCEDURE stating so, I bet a judge would find the customer partially at fault. HOWEVER, even if the judge said it was 50/50, you're still out $3250. If you don't care about the account, eat the $2700 hold back and be on your way. Judge or no judge, If you pay any less than $6500, you're going to lose the account anyway. No sense throwing good money after bad.